[co-author: Leah Shepherd]

In Florida, two recent court rulings and a number of laws enacted in 2025 will directly impact employers. This article summarizes the two cases and the new laws, which address open carry of guns, medical marijuana use by employees, restrictive covenants with employees, workers’ compensation rules, and insurance coverage for fertility preservation services.

Quick Hits

• In 2025, Florida enacted new laws concerning restrictive covenants with employees, workers’ compensation rules, and insurance coverage for fertility preservation services.
• A recent court ruling overruled the state’s ban on open carry of guns.
• Another recent court ruling permitted medical marijuana consumption while off duty by a public employee covered by a collective bargaining agreement.

Several new laws and two court cases will affect legal compliance for employers in Florida. These include the following:

• On September 10, 2025, in McDaniels v. State of Florida, Florida’s First District Court of Appeal determined the state’s open carry ban was in violation of the Second Amendment of the U.S. Constitution. Florida Attorney General James Uthmeier issued guidance advising that open carry should be considered lawful throughout the state. Schools, government buildings, airport passenger terminals, and places primarily serving alcohol remain gun-free zones under state and federal law, and improper exhibition of firearms continues to be illegal there. Retail establishments may...

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